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India's top court on Tuesday began reviewing petitions against a colonial-era ban on homosexuality, in the latest chapter of a legal tussle between social and religious conservatives and more liberal Indians.

Section 377 of the penal code, a relic from 1860s British legislation, bans gay acts as "carnal intercourse against the order of nature" and allows for jail terms of up to life, although prosecutions are rare.

In 2009 the Delhi High Court effectively decriminalised gay sex, saying a ban violated fundamental rights, but the Supreme Court reinstated it in 2013 after religious groups successfully appealed.

The Indian Supreme Court said the high court had overstepped its authority and that the responsibility for changing the law rested with lawmakers not the courts. Efforts to introduce legislation, however, came to nothing.

But in January this year, the Supreme Court agreed to hear a challenge by a clutch of high-profile Indians who said the law created an atmosphere of fear and intimidation in the world's largest democracy.

A ruling was not expected imminently, with Tripti Tandon, a lawyer for one of the petitioners in the case, saying the hearing would last "two weeks if not more".

Her client, Aris Jafer, was arrested and sent to prison for 50 days in 2001.

Manvendra Singh Gohil, an openly gay Indian prince who is an ambassador for the AIDS Healthcare Foundation charity, said on Tuesday he hoped the "draconian" law would be changed.

“"The law doesn't affect only the gay community," he told AFP. "In fact it violates the fundamental right of every Indian."

"(If) this law continues it would mean we are still slaves of the British."

The gay community was emboldened last year when the SC referred explicitly to the issue in a landmark ruling upholding the right to privacy.

Homosexuality has long been taboo in India, particularly in rural areas where nearly 70 per cent of people live, with homophobia widespread. Some still regard homosexuality as a mental illness.

On DawnNews

Comments (8) Closed

Moth

Jul 10, 2018 05:16pm

The evolution process is amazing and fascinating. And the this process is taking an interesting twist as Machine and Human going to shape culture and value system together. India - a nation charged for development and growth and change could be first one to handle such complex issues by giving individuals more respect and freedom.

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Imtiaz Ali Khan

Jul 10, 2018 06:12pm

All personal choice guy or girl whatever you like. Stay bless all humanity.

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Siddhartha

Jul 10, 2018 09:11pm

The ban on homosexuality should be withdrawn from the society. This is inhuman and every one should support that.

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Progressive Libertarian

Jul 11, 2018 02:11am

This colonial era law is a travesty in the 21st century and should annulled.

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Priya

Jul 11, 2018 05:38am

The ban is so regressive, ridiculous and cruel. We need laws to recognize and protect the LGBTQIA community.

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American by heart

Jul 12, 2018 06:09am

They are humans at least let them live their life . What is normal to one person may not be normal for another person. Everyone has their own to decide the law needs to change and make homosexuality legal in India.

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Well-wisher

Jul 12, 2018 11:41am

this may be great challenge to the court as well as to society.. there may be hidden benefits in allowing such things, most important being the population control and individual freedom..

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Anon

Jul 13, 2018 10:55am

I don't understand what business is it of the state (or anyone else, for that matter) what two consenting adults do?